JUDGMENT :

1. Notice of final disposal was issued in this matter on 27th January, 2020. Accordingly contesting Respondents have appeared. Learned counsel for the Petitioner has already deleted the unserved respondents as noted in order dated 3rd March, 2023, when arguments were finally heard and concluded.

2. Rule. Rule made returnable forthwith. Mr.Kasle, learned counsel waives service for respondent nos.1, 3 to 7. Mr.Bhargude, learned counsel waives service for respondent no.8. Mr.Soni, learned counsel waives service for respondent nos.9, 9-A and 9-B. Taken up for final disposal with consent of parties.

3. By this petition fled under Article 226 and 227 of the Constitution of India, the original Plaintiff in Special Civil Suit no.2375 of 2011 (“the said suit” for short) is challenging an Order dt. 6th June, 2019 passed by the Joint Civil Judge, Senior Division, Pune below Exh. 185. By this order, the application of Defendant No.6 (present Respondent no.8) for transposing her as Plaintiff, under Order 23 Rule 1A of the Civil Procedure Code, 1908 (“CPC” for short) is allowed and Defendant no.6 is transposed as Plaintiff in the said suit.

4. Though the Petitioner is sole Plaintiff and Respondents are Defendants in the said Suit, it appears that numbering in the array of parties have been changed for reasons best known to Petitioner. However, for better understanding, parties are referred hereinafter in their original capacity.

FACTS :

5. Some facts emerging from record, necessary for disposal of this petition are as below. It is alleged that on 10.08.2006, Defendant no.6 (transposed Sister) executed a release deed and power of attorney in favour of Defendant nos.1 and 3, who are real brothers of Defendant no.6 and Plaintiff. Based on this, Defendant nos.1 and 3 have allegedly executed certain documents in favour of Defendant No. 7 Developer subsequently. In 2011, present suit is fled seeking partition and separate possession by Plaintiff (other sister – Petitioner) in respect of many suit properties including a portion described in plaint para 1.1(1) and 1.1(2) (“the said portion of suit property” for short)

6. On 01.03.2012, Defendant no.6 fled written statement claiming equal right and share in the suit properties along with Plaintiff and supported the Plaintiff to that extent. However, it is her case that her signatures were taken on certain blank papers, and she was taken to a Government office under undue influence and with a misrepresentation that certain documents are required to be executed for entering names of all heirs to the ancestral property. It is her case that it has transpired that her said signatures were misused to create false and fabricated documents.

7. On 05.08.2013 the Trial Court granted interim injunction in respect of few of the suit properties against Defendant Nos. 1 to 7. The Defendant No. 7 developer, Plaintiff & Defendant nos.1 to 5 fled various Appeals From Order in this Court (AO Nos. 1207/13, 725/13 & AO Stamp No. 35843/13) and in those matters, a compromise was entered on 07.10.2014 between Plaintiff and Defendant nos.1 to 5 & Defendant No. 7 (Developer). It is the case of the Plaintiff that during that compromise, Defendant Nos. 1 & 3 have acted as power of attorney holder of Defendant no.6. The said compromise recorded that interim injunction granted by Trial Court will not apply to said portion of suit property and Plaintiff undertook to withdraw the said suit in respect of the said portion of suit property and to hand over vacant and peaceful possession thereof to Defendant No. 7 Developer for joint development. Defendant No. 7 Developer was permitted to delete Defendant No. 6 at his own risk from his appeal from order.

8. It appears that Defendant No. 6 fled Review Petition Stamp No. 31561/15 and challenged the said compromise, which according to her is executed behind her back. On 09.06.2016, this Court disposed of the said Review with clarification that the said order dt. 07.10.2014 (recording